Corkman pretended to be father of baby born to foreign-national to obtain birth cert and passport

Cork District Court heard the accused was a vulnerable man who acted with empathy towards the mother and child and did not benefit financially or in any other respect from his actions.

 A 64-year-old man pretended to be the father of a baby born to a non-national woman in Cork in successful applications for a birth cert and a passport for the infant that had the knock-on effect of enabling the infant’s mother to bring other members of her family to live in Ireland.

As the man faced sentencing on Wednesday at Cork District Court, barrister William Bulman stressed that the accused was a vulnerable man who acted with empathy towards the mother and child and did not benefit financially or in any other respect from his actions.

Detective Garda Mark Henebry, of Garda National Immigration Bureau who investigated the case, accepted the proposition that the 64-year-old Cork man did not benefit personally from presenting himself as the biological father of the child for the purpose of her obtaining an Irish birth certificate and an Irish passport.

Mr Bulman said the accused cooperated fully with the investigation into the deception which dated back more than 14 years, and he pleaded guilty to three counts of deception — one in relation to the birth cert application, a second for the passport application, and a third in applying for its renewal three years later.

Judge Mary Dorgan imposed an eight-month suspended sentence on condition that he would comply with the directions of the probation service for 18 months and she also fined him €500.

An order was previously made to prevent the identification of parties and particulars to the case which would identify the child.

Judge Dorgan said: “This is a very difficult and very serious situation. This gentleman put himself down as the child’s father and facilitated her getting a passport. The knock-on effect was quite extraordinary, enabling her (the child’s mother) to bring other members of her family to the country as a result.

“I found his presentation in court to be honest and straightforward. I appreciate this gentleman has lived his life to this stage without a conviction.” 

Background

Detective Garda Mark Henebry outlined the background testifying that the child was born at the end of 2008 to two non-national parents from the same country who arrived to study in Ireland shortly before the birth. When the child was born, there was no entry made in the hospital record to identify the father.

The defendant was not the father but on July 29, 2009, he attended the Civil Registration office on Adelaide Street in Cork to register the birth of the child.

“He made declarations that he was the biological father knowing he could not be the father. He provided false information to the Civil Registrations office.

“On July 29, 2009 — later the same day — he attended (his local) garda station, having obtained the Irish birth cert, to make a false application for a passport for this child.

“An Irish passport was later issued to this child who was not entitled to an Irish passport or Irish citizenship.

“The third charge relates to June 30, 2012 — almost three years later — in a subsequent application for (renewal of) a passport for this child, contrary to the Passports Act 2008.” 

Mr Bulman said the defendant’s understanding was that if the woman went back to her own country with the child she would not be allowed to return to Ireland. Furthermore, he was given to understand that the child would be separated from the mother and that the mother would be sent to prison in her own country. On that basis, he put himself forward as the father of the child. He was thinking of the child and had no relationship with the mother  —sexual or otherwise, the defence submitted.